(A) the choice of the place of prosecution
Article 5 of "Several Provisions of the Supreme People's Court on Applicable Laws in the Trial of Patent Disputes" stipulates that a lawsuit brought for patent infringement shall be under the jurisdiction of the people's court in the place where the infringement occurred or the defendant's domicile. Infringement includes: the place of manufacture, use, promised sale, sale or import of the product accused of infringing the patent right of invention or utility model; The place where the patented method is used, and the place where the products directly obtained according to the patented method are used, promised to be sold, sold and imported; The place where the patented product of design is manufactured, sold and imported; Places where counterfeiting other people's patents is carried out. The place where the infringement result of the above-mentioned infringement occurs. Article 6 of the judicial interpretation stipulates that the plaintiff only brings a lawsuit against the producer of the infringing product, not against the seller. Where the place of manufacture of the infringing product is inconsistent with the place of sale, it shall be under the jurisdiction of the people's court of the place of manufacture; Where producers and sellers are sued as co-defendants, the people's court at the place of sale has jurisdiction. If the seller is a branch of the manufacturer and the plaintiff sues the manufacturer of infringing products for manufacturing and selling at the place of sale, it shall be under the jurisdiction of the people's court at the place of sale. For patent infringement cases, if the defendant's domicile is chosen for prosecution, it will often be interfered by local protectionism. According to the judicial interpretation in the Supreme People's Court, it is a good choice to bring a lawsuit to the court with jurisdiction where the infringement occurred. In addition, according to the specific cases and the different objects of prosecution, we can choose the best prosecution place, thus effectively protecting our legitimate rights and interests.
(B) the choice of litigation opportunity
What kind of prosecution opportunity, whether to send a lawyer's letter before prosecution, pre-litigation negotiation or post-litigation negotiation are also issues that need to be considered before litigation begins. Timing sometimes determines the success or failure of a case. In some cases, it is a very effective method to collect evidence through lawyer's letter and negotiation. In short, when to file a lawsuit should be chosen reasonably according to the case.
(3) the choice of the object of prosecution
The choice of prosecution object is also an important aspect of the success of patent infringement litigation. Article 6 of the Supreme People's Court's Provisions on Applicable Laws in the Trial of Patent Disputes stipulates that the plaintiff only brings a lawsuit against the producer of the infringing product, not the seller. Where the place of manufacture of the infringing product is inconsistent with the place of sale, it shall be under the jurisdiction of the people's court of the place of manufacture; Where producers and sellers are sued as co-defendants, the people's court at the place of sale has jurisdiction. If the seller is a branch of the manufacturer and the plaintiff sues the manufacturer of infringing products for manufacturing and selling at the place of sale, it shall be under the jurisdiction of the people's court at the place of sale. According to this law, it is necessary to study whether to prosecute the producers and sellers of infringing products or to list them as co-defendants according to different cases. For cases with many infringers, it is also a problem to be studied whether to prosecute all infringers at the same time to prevent some infringers from covering up the evidence, or to prosecute only a few infringers to achieve the purpose of "shocking the mountain". In addition, which infringers to prosecute will reduce the difficulty of infringement identification and eliminate local protection interference, which are all issues that should be studied.